Recovery of money
Prashanth
(Querist) 06 September 2011
This query is : Resolved
Sir,
I have booked a site near Bangalore in year 2007 by signing the sale agreement and paying 30% of the total cost of the site. The developer then promised to deliver the site within 6 months. But this has not happened. We enquired with the Developer several times and he kept on giving one or the other reason. Then in June 2010, I went to Consumer Forum (CF) and won the case. The CF judgment has asked the developer to pay the entire amount with 16 % interest. The developer has not honored the judgment till today.
I have then filed a case for execution. But the notices served on all known address are not being responded. My lawyer says in this case the court will indicate the news paper in which we have to publish the notice and if the developer still not respond the court will issue an arrest warrant. But in the mean time Bangalore CCB has arrested the Developer and then released on bail. The CCB is still (from last 2 months) in the process of filing charge-sheet against the Developer.
have following questions:
1) Does CCB's filing charge-sheet assure me my money back?
2) Even in my execution case if the arrest warrant is issued, the developer will again get the bail, but how I will get my money back?
3) Is filing a Civil suite and asking for the Attachment Before Judgment (ABJ) is the only way to proceed?
Please guide me as I am in a severe mess.
Regards,
Prashanth
prabhakar singh
(Expert) 06 September 2011
1) Does CCB's filing charge-sheet assure me my money back? No is the answer!
2) Even in my execution case if the arrest warrant is issued, the developer will again get the bail, but how I will get my money back?
ANSWER:....
By invoking jurisdiction of forum vested in it by section 24 of the Act which reads as
:"24. Enforcement of orders by the Forum, the State Commission or the National
Commission.- (1) Where an interim order made under this Act is not complied with, the
District Forum or the State Commission or the National Commission, as the case may be,
may order the property of the person, not complying with such order to be attached.
(2) No attachment made under sub-section (1) shall remain in force for more than three
months at the end of which, if the non-compliance continues, the property attached may be
sold and out of the proceeds thereof, the District Forum or the State Commission or the
National Commission may award such damages as it thinks fit to the complainant and shall
pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a District Forum,
State Commission or the National Commission, as the case may be, the person entitled to the
amount may make an application to the Distt. Forum, the State Commission or the National
Commission, as the case may be, and such District Forum or the State Commission and the
National Commission may issue a certificate for the said amount to the Collector of the
district (by whatever name called) and the Collector shall proceed to recover the amount in
the same manner as arrears of land revenue.) "
3) Is filing a Civil suite and asking for the Attachment Before Judgment (ABJ) is the only way to proceed?
ANSWER:....
NO is the answer!this door is shut now as remedy already sought by and obtained from forum.
Prashanth
(Querist) 07 September 2011
Sir,
Thanks for your prompt reply.
I have two question:
1) Is it true that for serving notice the court will indicate the news paper in which we have to publish the notice and if the developer still not respond the court will issue an arrest warrant? As we have tried all the known address with us. Thinking that since CCB has released the offenders on bail they must be having their current address, i have enquired with CCB. But they are not responding positively.
2) For invoking section 24 do we need to know and submit the details of the property of the offender? Because at an individual level it would be very difficult to get the authentic proof of properties of the developer in this case. Can the Fourm direct to the police to get the propoerty details of the developer?
Regards,
Prashanth
